As more states move to enact either medical and/or recreational marijuana laws, employers are kind of confused about how to enforce the drug testing in the workplace.
As more states trend towards legalization, employers must keep close watch on legal developments in this area. Before disciplining an employee for a positive drug test arising from marijuana use outside of work, who does not present with current “intoxication,” employers should consult with experienced employment law counsel—especially if the employee in question has sought (or expresses a plan to seek) accommodation. It may be reasonable for employers to consult their drug testing vendors—both to stay abreast of advances in marijuana testing and to ensure a testing program that complies with state law.
Read more in the Forbes article: http://onforb.es/1FKzpsN